Norman B. Newman, solely as Liquidating Trustee of the World Marketing Liquidating Trust v. Crane, Heyman, Simon, Welch & ClarMOTIONN.D. Ill.April 10, 2019IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NORMAN B. NEWMAN, as Liquidating Trustee of the World Marketing Liquidating Trust, Plaintiff, Civil Action No. 17-cv-6978 v. District Judge Thomas M. Durkin Magistrate Judge Susan E. Cox CRANE, HEYMAN, SIMON, WELCH & CLAR, Defendant. TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT Norman B. Newman, the liquidating trustee (the “Trustee”) of the World Marketing Liquidating Trust established in the Chapter 11 bankruptcy cases of World Marketing Chicago, LLC and its co-debtors (collectively, “World Marketing”), moves for partial summary judgment under Federal Rule of Civil Procedure 56(a) and respectfully requests that the Court render judgment on Defendant Crane, Heyman, Simon, Welch & Clar’s (“Defendant’s”) Second, Third, and Fourth Affirmative Defenses. Each affirmative defense is contingent on whether certain exceptions to liability under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101, et seq. (“WARN Act”) applied to World Marketing. Specifically, Defendant contends that it cannot be liable because the Trustee, as successor counsel, could have defeated any WARN Act claim by asserting the applicability of three exceptions to WARN Act liability. The evidence establishes that, as a matter of law, none of these exceptions were viable. Case: 1:17-cv-06978 Document #: 91 Filed: 04/10/19 Page 1 of 4 PageID #:694 2 The Trustee respectfully submits that the Court should grant this motion for partial summary judgment because doing so will (1) streamline fact and expert discovery, (2) shorten trial, and (3) avoid the jury confusion that would otherwise result if Defendant is permitted to litigate the irrelevant and inaccurate theories supporting these untenable defenses. WHEREFORE, the Trustee respectfully requests that the Court grant the Trustee’s motion for partial summary judgment on Defendant’s Second, Third, and Fourth Affirmative Defenses. Case: 1:17-cv-06978 Document #: 91 Filed: 04/10/19 Page 2 of 4 PageID #:695 Dated: April 10, 2019 Respectfully Submitted, By: /s/ Brandon V. Lewis Eric D. Madden (admitted pro hac vice) Brandon V. Lewis (admitted pro hac vice) D. Benjamin Thomas (admitted pro hac vice) REID COLLINS & TSAI LLP 1601 Elm Street, Suite 4250 Dallas, Texas 75201 Telephone: 214.420.8900 Facsimile: 214.420.8909 emadden@rctlegal.com blewis@rctlegal.com bthomas@rctlegal.com -and- Michael Brandess (6299158) SUGAR FELSENTHAL GRAIS & HELSINGER LLP 30 N. LaSalle St., Ste. 3000 Chicago, Illinois 60602 Telephone: 312.704.9400 Facsimile: 312.372.7951 mbrandess@SFGH.com Counsel for Plaintiff Norman B. Newman, solely as Liquidating Trustee of the World Marketing Liquidating Trust Case: 1:17-cv-06978 Document #: 91 Filed: 04/10/19 Page 3 of 4 PageID #:696 CERTIFICATE OF SERVICE I certify that on April 10, 2019, I electronically filed the foregoing Motion for Partial Summary Judgment with the Clerk of the Court using CM/ECF, which will send a notification of this filing to all counsel and parties of record. /s/ Brandon V. Lewis Brandon V. Lewis Case: 1:17-cv-06978 Document #: 91 Filed: 04/10/19 Page 4 of 4 PageID #:697